Kevin LaCroix, whose blog The D&O Diary is a premier source for the latest trends in securities-related class action litigation, has an excellent post out today discussing two key developments in an area that is very close to my heart, international class action litigation. The first part of LaCroix’s post discusses a recent publication from Asia-based International law firm King & Wood Mallesons discussing class action [...]
Archive for the ‘Class Action Trends’ Category
Are US Class Actions in Danger of Being Outsourced to Mexico?
Posted in Class Action Trends, International Class Action Law, Other class action blogs, Reports and Surveys, Securities Class Actions, tagged australia class action, f-cubed, foreign cubed, international class action, mexican class action, mexico, mexico class action, morrison, national australia bank, securities class action on March 5, 2012 | Leave a Comment »
Think Dukes Was the End of the Employment Discrimination Class Action? Think Again.
Posted in Class Action Trends, Employment Class Actions, Federal Court Decisions, tagged 23(b)(2), 23(c)(4), class action, class certification, class treatment, disparate impact, dukes, employment discrimination, frcp 23, issue certification, mcreynolds, merrill lynch, posner, rule 23, seventh circuit, Supreme Court, wal-mart on February 29, 2012 | 2 Comments »
Last Friday, the Seventh Circuit Court of Appeals issued a significant employment class action decision that may challenge conventional wisdom about the impact of the Supreme Court’s 2011 decision in Wal-Mart Stores, Inc. v. Dukes. The opinion, authored by respected Judge Richard Posner, is McReynolds v. Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 11-3639 (7th Cir., Feb. [...]
Can’t Seem to Find Common Ground with Plaintiff’s Counsel? Try the Trustee.
Posted in CAFA Requirements, Class Action Decisions, Class Action Settlements, Class Action Trends, Other class action blogs, tagged article 77, bank of america, blackrock financial, CAFA, class action, diversity jurisdiction, erisa, frankel, new york state code, opt out, second circuit, securities class action, securities class action trends, securities exception, trustee on February 27, 2012 | Leave a Comment »
Alison Frankel, whose On the Case blog is featured in the Thomson Reuters News and Insight section, posted this interesting article today discussing a novel alternative to the class action as a device to resolve mass disputes. The procedural device in question is Article 77 of the New York State Code, which allows a trustee to seek court approval of decisions relating [...]
Baker Hostetler Employment Class Action Blog – Much More than Quality Employment Class Actions News
Posted in Class Action Trends, Federal Civil Procedure, Federal Court Decisions, Lawyers' Resources, Other class action blogs, tagged american express merchants, amex III, arbitration, class action, compucredit, concepcion, employment class action, FAA, federal arbitration act, federal common law, federal statutory law, greenwood, iqbal, lewis, mersol, pleading, rule 8, scalia, twombly, unconscionability on February 9, 2012 | Leave a Comment »
The Baker Hostetler Employment Class Action Blog is constantly putting out quality content, but they have two new recent posts that I would especially recommend to my readers. They include: This February 6 post from John Lewis discussing the impacts, both on employment cases and otherwise, of the Second Circuit’s recent Amex III decision. This February [...]
… More on Amex III
Posted in Class Action Decisions, Class Action News, Class Action Trends, Federal Court Decisions, tagged american express merchants, amex III, arbitration waiver, class arbitration, concepcion, FAA, stolt-nielsen on February 7, 2012 | 2 Comments »
As promised in my post late last week, the Baker Hostetler client alert on last week’s Second Circuit decision in In Re American Express Merchants’ Litigation, No. 06-1871 (2d Cir., Feb. 1, 2012) (Amex III) was released today. Here is a link to the alert, authored by New York partner Deborah Renner and Columbus associate Jennifer Vessells, [...]
The Third Circuit Clarifies the Facts About FACTA While the Second Circuit Has a Different Concepcion of Class Arbitration Waivers
Posted in Antitrust Class Actions, Class Action Decisions, Class Action Trends, Consumer Class Actions, Supreme Court Decisions, tagged arbitration, circuit court of appeals, class arbitration waiver, concepcion, consumer class action, credit card, expiration date, FAA, FACTA, hilfiger, scotus, second circuit, stolt-nielsen, Supreme Court, third circuit on February 2, 2012 | 1 Comment »
Two readers sent me tips yesterday on important decisions from the Second and Third Circuit Courts of Appeals that will be of interest to class action practitioners: First, John G. Papianou of the Philadelphia firm Montgomery, McCracken, Walker & Rhoads, LLP forwarded a copy of the Third Circuit’s decision in Long v. Tommy Hilfiger U.S.A., Inc., No. 11-1554 (3d Cir., [...]
Dukes, Medical Monitoring, and the Distinction Between Equitable and Injunctive Relief
Posted in Articles, Class Action Trends, Practice Tips, rule 23, Supreme Court Decisions, tagged 23(b)(2), class certification, commonality, daubert, dukes, equitable, expert, injunctive relief, medical monitoring, rule 23, scotus, Supreme Court, wal-mart on January 30, 2012 | Leave a Comment »
I’m embarrassingly late in posting a link to a terrific article from Steptoe & Johnson Partner Jennifer Quinn-Barabanov entitled Has Dukes Killed Medical Monitoring? The article, published in the November 2011 Issue of DRI’s For the Defense Magazine, explores the potential impact of the Supreme Court’s decision Dukes in defending against class certification of product liability [...]
Notes from the 5th Annual Conference on the Globalization of Class Actions and Mass Litigation, Session 6 – Paths to (Mass) Justice
Posted in Class Action Trends, CLE Programs, International Class Action Law, tagged Class Action Trends, collective action, collective redress, european class action, european collective action, international class action, mass harm, mass injury, mass tort, prediction on January 13, 2012 | 1 Comment »
This is the sixth and final installment of a multi-part post summarizing last week’s 5th Annual Conference on the Globalization of Class Actions and Mass Litigation. Click these links to see the summaries for Session 1, Session 2, Session 3, Session 4, and Session 5. Paths to (Mass) Justice To wrap up the conference, Dr. Sam [...]
Notes from the 5th Annual Conference on the Globalization of Class Actions and Mass Litigation, Session 5 – Who Has Jurisdiction in a Global Market?
Posted in Class Action Trends, CLE Programs, International Class Action Law, tagged cashman, chevron, globalization, gomez, groenewout, hensler, international class action, international mdl, lago agrio, mdl, multi-national, multi-national class action, scheurleer, securities, sour lake, texaco, toxic tort, transnational, transnational class action on January 4, 2012 | 1 Comment »
This is the fifth in a multi-part post summarizing last week’s 5th Annual Conference on the Globalization of Class Actions and Mass Litigation. Click these links to see the summaries for Session 1, Session 2, Session 3, and Session 4. Who Has Jurisdiction in a Global Market? This presentation was chaired by Professor Deborah Hensler, Stanford [...]
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More on Posner’s McReynolds Decision
Posted in Class Action Decisions, Class Action News, Class Action Trends, Commentary, Employment Class Actions, tagged class action, disparate impact, dukes, employment class action, employment discrimination, issue certifiication, mcreynolds, posner, rule 23, wal-mart on March 2, 2012 | Leave a Comment »
For those readers who are interested in additional insights on Judge Posner’s opinion in McReynolds v. Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 11-3639 (7th Cir., Feb. 24, 2012), which was the subject of Wednesday’s CAB post, here’s a link to an insightful executive alert on the decision, which was authored by colleagues in Baker Hostler’s New York office, partner Deborah [...]
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